Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-29
A RAILROAD COMMISSION.
An Argument Setting Forth the Bene fits
to be Derived 1h-refrum.

THE GAZETTE OF the 23d inst. says:
SIT occurs to The GAZETTE that Texas is
getting along about as well without es
with a railroad commission" but further
says, ''it does not take ground against
the formation of commission" Come,
now, let US reason together, as in the
olden time when the editor of THE GA
ZETTE and the writer labored pro bono
publico in other fields. And at the TIRES
mold of the argument, that | may not be
misunderstood, let me say that although
railroad is a public highway. aud IS such
subject to the supervision OF the state, it
is no less the duty of the state, in the
event it authorizes private capital to be
employed in its construction, to protect
and guard the rights OF such capital as
we'll as the rights of capital and labor in
vested in other pursuits. That is a fair
proposition, is it not :?
TIE chief difficulty, however, in the
way of pro per solution of the railroad
sfJrOblem, so called, consists in misap-
'prehension on the part OF the people of
the principles involved.
A railroad is something more than q
private enterprise; it is a pubic highway.
The power to construct II emanates from
the state or sovereign. Toe sovereign
alone has the power TO construct pubic
highways, and TO this power is coupled
the duty to exercise it on all proper OCca
si0nS. AS an incident to the exercise of
this power and the performance OF this
duty, two other powers of sovereignty are
invoked, the one to condemn private prop
erty to public use, and the other to levy
taxes to construct, operate and keep the
road in repair. This is equally true
whether the state, as in case of common
roads, does the work direCtly,Or as in the
case of ratlr Dads, delegates the power 10
corporations; no matter who the actor,
the act is that Of the sovereign, the object
or purpose, the accommodation of the pub
lie
This duty and exclusive power Of the
sovereign to construct public highways is
as old as organized society itself WHAT
ever else may now confuse the public
mind, as an original proposition for the
consideration of the Legislature and
statesmen, there is no other right or in
terest involved hut that of the people;
no other source Of power but that of the
sovereign, no other duty but that l. owes
the people. And whether a highway is
built directly by the state or power dele
gated to a corporation, the power and
duty 50 far as the relation of sovereign
and people are concerned remains the
same.
If public highway is needed it is the
public that needs, and that interest alone
is to be subserved. To do this the road
should be constructed when and where
the public interest seems TO demand it.,
Ic npI nd sir 10
people are to be accommodated and
they alone are to pay for It.,
either by direct taxation or by
the imposition of tolls on the traffic, pass
ing over the road, it is the duty of the
state to see that it is constructed in the
most economical manner and operated at
| the minimum cost, and that it should be
| kept in good repair, and thus placed IN 4
condition to serve the pubic on me basis
of reasonable compensation for actual
capital and labor invested. On the part
OF the state to do less than this Is q
neglect Of its duty to the people. To
confer power upon corporation which
| permits it to do more, is despotiC, Op-
pressive and wrong. In the construction
of the common rOads of the country, these
| principles are recognized and acted upons
dennis land for the right of way of com
mon roads, levies taxes to construct and
keep them in repair, and in doing SO per-
mits no greater levy to false revenue for
| that purpose than is absolutely
necessary. What would be thought of
Legislative body that would do
more, or county officials who would, in
| the exercise of the functions of govern
ment Tor these purposes, waste or squan-
der the pubic funds, or from corrupt
motives exaggerate and falsiiy accounts as
to the cost? Now, the same principles
are involved N the construction OF rail-
roaIs, and yet as to these latter roads
the average legislator seems to think that
trcreave corporations with sovereign pow
ers, Win the right 10 condemn private
property, TO levy rates and to control the
commerce of state, imposing on it such
rates OF tariff as it may please, involves
some other and different principle; and
after putting such forces In operation
withdiaWs, leaving the corporation in
possession of and to exercise such powers
as the state would not dare to exercise in
the manner the Sc autocrats do. That the
cost Of the roads should be exaggerated,
stocks watered, over-charges, unjust dis
ordinations and other kindred
evils exist, is not surprising
If the conditions Of q given area of
country are such that railroad con-
structed through 1t would not pay at
reasonable rates for transportation per
cent. on its cost, then there is no neces-
sitY tor its construction. If it will pay
5 per ceJt or more, then the stocks
should not be watered to cover surplus,
but the rates reduced. 1t is the province
Of the state to know these conditions and
to act accordingly. l would go further
and say, that The question as to whether
additional means of transportation were
necessary or not, should be determined
by the state, who, through its engineers
employed for that purpose, should lay off
the route, make estimates at the cost and
invite capital to Invest in an enterprise
under d guarantee that it should pay
dividend of per cent, provided that
II 1t paid over 5 per cent. the surplus
should be retired into the public treas
ury to be re-distributed among the peo-
pie, or the ties reduced. Such a test
would soon limit the number of roads to
the sctual requirements Of commerce and
trade, place the roads on paying basis
and at the same time reduce and keep the
cost of transportation dt reasonable rates. |
There is bat one solution of the whole
QuESfjOD n tho S0vnraiup bal